Himachal Pradesh Court August 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Shimla Education Society and Trust Vs. State of H.P. and anr.
Court: Himachal Pradesh
Decided on: Aug-09-2007
Reported in: AIR2008HP4
Rajiv Sharma, J.1. The brief facts necessary for the adjudication of this petition are that the petitioner-trust (hereinafter referred to as the 'petitioner' for convenience sake) made an application to the Regional Director, Northern Region Committee, Jaipur seeking recognition for establishing a new institution for conducting the B.Ed. course for the academic session 2006-07 on 25-1-2006. The National Council for Teacher Education granted permission to the petitioner for establishment of the B.Ed, course with an annual intake of 100 students on the 4th of July, 2007. Thereafter the petitioner applied to the respondent No. 2 University for affiliation on 5-7-2007. The application of the petitioner was rejected by the University on 20th July, 2007. The petitioner had also submitted an application seeking a NOC from the respondent-State on 31-1-2005. The State Government rejected the case of the petitioner on 22-6-2007.2. The following points arise for consideration in this petition.1. ...
Nipun JaIn Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-09-2007
Reported in: 2007CriLJ4775
ORDERKuldip Singh, J.1. This is an application for releasing the petitioner on bail filed under Section 438. Cr.P.C. in F.I.R. No. 79/07 registered at Police Station, Jawalamukhi, District Kangra on 24-5-2007 under Sections 323, 324, 341, 392, 506, 149 and 120-B, I.P.C.2. The facts, in brief, are that complainant Suman Kumar Sharma on 26-4-2007 had gone to attend a marriage along with his family near Nadaun, District Hamirpur and after staying for some time he dropped his family in the function and proceeded to Jawalamukhi temple, Tehsil Dehra, District Kangra, H.P. At about 1.30 P.M. on that date after visiting the temple when he approached his vehicle for returning to home five persons, namely, Nipun Jain, Gurpreet Singh, John, Gian Chand and Cheeku forcibly took possession of his Innova Car bearing HP 21A-2321 by putting the complainant in fear of instant death. They snatched the keys of the vehicle and directed him to accompany them to Police Station but Nipun Jain and Gurpreet Sin...
Bhupinder Singh and anr. Vs. Parmodh Singh and anr.
Court: Himachal Pradesh
Decided on: Aug-09-2007
Reported in: AIR2008HP3
ORDERSurinder Singh, J.1. Heard and perused the record.2. In brief, the facts are that the plaintiffs alleged the breach of the ad interim injunction order Ext. PA dated 12-9-1994, passed by the trial Court on an application under Order 39, Rules 1 and 2 of the Code of Civil Procedure with respect to the suit land.It was alleged in the application that the respondents, who are defendants in the suit had defied the orders and started construction work on a part of the suit land, thereby changing its nature. No date regard-frig the alleged defiance has been mentioned.3. According to the respondents, in reply they did not make any construction over the suit land, as alleged, however, pro forma defendant-Surender Singh carried out some minor repairs on the already constructed portion of his own accord prior to the issuance of the injunction order. The defendant Parmod Singh had sustained the fracture of his leg and remained out of Nahan for his treatment. The defendants denied any alleged ...
Kamaal Chand Vs. N.C.B.
Court: Himachal Pradesh
Decided on: Aug-09-2007
Reported in: 2008CriLJ516
Surjit Singh, J.1. Appellant is aggrieved by the judgment of the trial Court whereby he has been convicted of offence under Section 20 of the Narcotic Drugs and ' Psychotropic Substances Act and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of two years.2. Factual matrix of the prosecution case is like this. On 29th January, 2002, a team of Narcotic Control Bureau, Chandigarh, headed by P.W. 1 O.P. Sharma, Superintendent, which included among others, P.W. 2 O.P. Bhatt, Intelligence Officer and P.W. 3Hayyat Singh, OTC, reached Theog in Shimla District. P.W. 2 O.P. Bhatt received secret information that smuggling of narcotic drugs, like Charas etc. was rampant in the area of Mahipul. He reduced this information into writing, vide Ex. PA, and handed it over to P.W. 1 O.P. Sharma, the latter being his immediate superior officer. P.W. 1 O.P. Sharma then request...
Kanshi Ram and ors. Vs. State of Himachal Pradesh
Court: Himachal Pradesh
Decided on: Aug-08-2007
Reported in: 2008CriLJ884
Surinder Singh, J.1. The appellants were convicted and sentenced by the Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala under Section 452 read with Section 34 of the Indian Penal Code to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 5,000/- each, in default of payment of fine further undergo simple imprisonment for 6 months and they were also sentenced under Section 307 read with Section 34 of the Indian Penal Code to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 10,000/- each, in default of payment of fine to further undergo simple imprisonment for a period of one year. All the sentences were ordered to run consecutively. The appellants were held entitled to set off for detention the period already undergone by each of them. The trial Court further ordered to pay a compensation of Rs. 30,000/- to the victim, Dinesh Chand for the injuries suffered by him at the hands of the appellants.PROSECUTION CASE...
State of H.P. Vs. Sat Pal
Court: Himachal Pradesh
Decided on: Aug-07-2007
Reported in: 2008CriLJ519
Surjit Singh, J.1. Aggrieved by the judgment of the Sessions Court whereby respondent Sat Pal has been acquitted of the charge under Sections 302 and 201 of the Indian Penal Code, the State has filed the present appeal.2. First the relevant facts may be noticed. Appellant was sent up for trial for offences punishable under Sections 302 and 201 of the Indian Penal Code on the following accusation. Deceased Jit singh was employed as a labourer with the H.P. Public Works Department. He used to work under mate Baddar Din (P.W. 9) and leave his house every day in the morning for the site of work and return in the evening. On 20-9-1990 also he left his house for the site of work but did not return in the evening. His brothers and other members of the family thought that he might have gone to visit some relatives. He did not return even on 21st and 22nd September, 1990. This became a cause of concern for his brother P.W. 7 Wattan Chand and his mother P.W. 19 Jamuna Devi and they started searc...
Vallabh Alloys (Private) Limited Vs. Himachal Pradesh Financial Corpor ...
Court: Himachal Pradesh
Decided on: Aug-07-2007
Reported in: I(2008)BC536
V.K. Ahuja, J.1. This is an appeal filed by the appellant against the judgment and decree passed by Justice R.L. Khurana, dated 23.5.2000, whereby he had partly allowed the claim of the appellant for recovery of Rs. 1,01,315/- but had dismissed the claim of the appellant for recovery of a sum of Rs. 4,60,000/-.2. Briefly stated the facts of the case are that the appellant as plaintiff filed a suit for the recovery of Rs. 5,85,491/- along with interest as against the respondent who was impleaded as defendant. The allegations made by the plaintiff were that the plaintiff is a company and defendant had advanced some loan to M/s. Himachal Concast Pvt. Limited, Nalagarh, who had allegedly defaulted in the payment of the a aforesaid loan. On account of the defaults made by the said company, the defendant took over the assets of the aforesaid company and advertised for the sale of the aforesaid assets in which it was mentioned that there was installed an induction furnace of the capacity of 3...
State of H.P. and ors. Vs. Madan Lal and anr.
Court: Himachal Pradesh
Decided on: Aug-06-2007
Reported in: 2007(3)ShimLC18
Rajiv Sharma, J.1. A challenge has been laid to the award dated 21.7.2005 passed by the H.P. Labour Court-cum-Industrial Tribunal, Dharamshala camp at Mandi in reference No. 2/2004.2. The brief facts necessary for the adjudication of this petition are that the State Government had made the following reference to the H.P. Labour Court-cum-Industrial Tribunal, Dharamshala camp at Mandi:Whether the termination of services of Shri Madan Lal son of Dharam Dass, daily wages Beldar by the Executive Engineer, IPH Division Sundernagar, District Mandi, H.P. w.e.f. 16.11.2000 without complying the provisions of the Industrial Disputes Act, 1947, is proper and justified? If not, what relief of service benefits and amount of compensation the above aggrieved workman is entitled for3. In sequel to the reference made by the State Government, the respondent (hereinafter referred to as the 'workman' for convenience sake) had filed statement of claim before the Labour Court. The workman had primarily con...
Ram Singh Vs. Daulat Ram and anr.
Court: Himachal Pradesh
Decided on: Aug-03-2007
Reported in: AIR2008HP1
ORDERKuldip Singh, J.1. The plaintiff is in appeal against judgment, decree dated 1-11-1995, passed by the District Judge, Mandi, Kullu and Lahual-Spiti Districts at Mandi, in Civil Appeal No. 28 of 1992, accepting the appeal and setting aside preliminary decree passed by the Sub-Judge, Court No. 2, Mandi in Civil Suit No. 86 of 1990. The parties are referred in the same manner, as in the trial Court.2. The brief facts of the case are that plaintiff filed a suit for rendition of accounts against defendants alleging that the parties entered into an agreement to install a sawmill jointly for which Rs. 5,000/- were contributed by each partner and the saw-mill was installed at Bali Chowk. There was an oral agreement between the parties that each of the partner shall share the loss and profit in equal shares. The defendant No. 1 borrowed Rs. 1000/- from Chakurtha Co-operative Agriculture Service Society on behalf of plaintiff and invested this amount in the business of the saw-mill. Accordi...
Bhag Chand Vs. Himachal GramIn Bank
Court: Himachal Pradesh
Decided on: Aug-02-2007
Reported in: 2009(3)SLJ462(HP)
ORDERSanjay Karol, J.1. By way of the present writ petition, the petitioner has assailed the order of the Disciplinary Authority dated 15.10.2004, (Annexure PK), imposing the penalty of removal from service, which shall not be a disqualification for future employment' and also the order dated 29.12.2005 (Annexure-PP) passed by the Appellate Authority of the respondent Bank, reducing the penalty to 'Compulsory Retirement: in terms of Himachal Gramin Bank Officers and Employees Service Regulations, 2001 under Regulation No. 389(1)(b)(iii) of Chapter-IV of the said regulations'.2. For various acts of misconduct in discharge of his duties as OJM-I at Branch Office, Haripur, Kullu, H.P. on 14.12.2002 petitioner was served with a charge sheet by the respondent Bank. The statement of Articles of Charges are as under:Article No, 1-He maneuvered and manipulated to utilize the amount of loans of the borrowers by forging the signatures of the borrowers on cheques and misappropriated the money. He...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »